Washburn v. Miller
Massachusetts Supreme Judicial Court
Bill in equity, filed April 24, 1873, alleging the following facts: In 1822, the plaintiff became the owner in fee of a lot of land in Auburndale; and in 1847, laid out a private way over a portian of it and built a fence on the line of the way.
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Bill in equity, filed April 24, 1873, alleging the following facts: In 1822, the plaintiff became the owner in fee of a lot of land in Auburndale; and in 1847, laid out a private way over a portian of it and built a fence on the line of the way. In 1858, the plaintiff sold a portion of the land bounding it on the way, and conveyed to Ai Blood a right to use the way by a deed which is set forth in the preceding case, ante, 371. It was the understanding and agreement between the plaintiff and Blood that the way was only to be used for reaching the northerly portion of the land conveyed to him,…
1Opinion of the CourtDevens, J.
The plaintiff seeks to maintain the bill upon the ground of repeated trespasses by the defendant upon his private way by passing and repassing thereon, and by doing thereon various other acts for the purpose of rendering the same more convenient for his own use.
It is not doubted that an injunction could properly be issued to restrain one from the commission of an alleged trespass where the damage liable to be occasioned thereby would be irreparable; but in such case it would be for the purpose only of enabling the party, whose rights were alleged to be invaded, to test them in a *378court of law.…
2Cited by13 opinions
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- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
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